Annulment of Marriage and Declaration of Nullity

June 13, 2017 ·

TIMELINE AND PROCESS OF FILING A PETITION FOR
ANNULMENT OR DECLARATION OF NULLITY OF MARRIAGE
1. Preparation of petition. (1 to 2 weeks)
a. Interview with the petitioner
b. Psychological evaluation of the petitioner by psychiatrist (the evaluation can
also be done while the case is on trial)
c. Letter of the legal counsel to the defendant to undergo psychological evaluation.
2. Filing of case in the Family Court. (2 days)
a. Payment of filing fees
b. Eight copies of petition
c. Furnish the Solicitor General
d. Furnish the Public Prosecutor
3. Filing of manifestation that the petition was furnished to the public prosecutor
and solicitor general.(1 week after filing of petition)
4. Service of summons by process server. If summons cannot be served, the lawyer
will file a motion for publication. (two weeks, but depends on the Court and
process server)
5. Motion to refer the case to public prosecutor to determine the existence of
collusion to be filed by the legal counsel. (1 week after the summons to the
defendant is served)
6. Motion to set the case for pre-trial conference to be filed by legal counsel. (1
week from the resolution of fiscal that there is no collusion)
7. Submission of pre-trial brief by the legal counsel. It must include the judicial
affidavits of all the witnesses and all the documentary evidence. (5 days from the
scheduled pre-trial conference set by the Court)
8. Pre-trial Conference. The petitioner must personally attend. Otherwise, the
handling lawyer must have a special power of attorney to represent his client.
9. Presentation of witnesses. (3 to 4 months depending of the schedule of the
Court)
10. Formal offer of evidence to be submitted by the legal counsel. (5 days from the
last witness)
11. Memoranda (15 from the Order of the Court)
12. Decision (30 days from the submission of Memoranda)